In trademark cases, how to collect the evidence of trademark reputation quickly and fully, and then win a more favorable trial or judgment result is the most concerned of every trademark right holder. A clear and logical evidence collection list can not only save the time for the right holder to collect evidence, but also achieve the purpose of collecting effective evidence, which is crucial to the formation of evidence chain. However, evidence collection often has the following problems:

 The evidence collected is unfocused, all kinds of evidence are generally listed, the primary and secondary are not prominent, and the examiner cannot grasp the effective evidence at the first time in the trial;

 Some lists are too template, the list is inconsistent with the evidence characteristics of the industry where the right holder is located, and the preparation of the evidence list needs to consider the actual industry characteristics of the customer;

 In the process of collecting evidence, the right holder often collaborates with multiple departments of the company. Foreign enterprises even cross regions and countries, and the general evidence catalog increases the internal communication cost of the right holder.

 The trademarks of some foreign enterprises have been quite well-known abroad, but there are many difficulties in collecting the evidence of the reputation in China.

For foreign rights holders with high reputation in the international market, they can be provided to the examiner according to the following types of evidence, which can more directly and effectively prove the trademark reputation:

1. JUDGEMENT INSTRUMENT ON PROTECTION: 

Preservation of "prior case" evidence is very important.

The protection records made for the trademark of the right holder, or the reputation of the trademark involved, effective judgments, rulings, decisions and other legal documents (the most effective rulings are those made within the last three years). When collecting such evidence, the contents of the judgment documents identifying the duration of use of the right holder's trademark, scope of use, sales volume, industry ranking, etc., need to be saved and classified and integrated.

2. AWARDS：

Medals and certificates issued by authoritative institutions are more valuable. 

Such as at home and abroad, awards, certificates are issued by industry authorities. Provide information such as the name of the awarding body, the name of the award, the time of the award, etc., and can be verified through relevant news reports or open channels.

3. BRAND RANKING：

Industry rankings such as brand reputation, brand value and market share released by industry associations, institutions or authority industry media.

For example, the list of domestic and foreign brands: The Fortune Global 500 companies list, BrandZ, Brand Finance, GYbrand, Interbrand, World Brand Lab and other authoritative global brand value rankings should also provide the basic information of the organization, the selection method and other introductive information.

4. MEDIA COVERAGE：

Mainstream media news reports, newspapers and magazines, network media reports, etc.

Such as the search engine (such as Google, Baidu, etc.) for the product attached to the trademark search results page; Media or public platform evaluation of the trademark involved, e-commerce platforms (Taobao, Jingdong, etc.), third-party self-media (Xiaohongshu, Zhihu, Weibo, wechat public number), etc.; Even for the extra-territorial evidence, auxiliary evidence can be further collected to prove that it can be known to the relevant Chinese public through the Internet and media. Library search is also a good channel. This evidence needs to be classified, timelines defined, refined and explained.

5. ADVERTISING：

Material evidence of advertising and other promotional activities in major exhibitions, radio, film, television, newspapers, periodicals, Internet, outdoor and other media. It is best to provide the advertising agreement, advertising fee payment voucher, invoice, specific style of advertising release (video or photo), advertising schedule, media platform for the application of trademark related products advertising data or advertising volume ranking statistics, and subsequent exhibition information, activity materials, news reports, etc. (not limited to domestic).

6. SALE DOCUMENTS：

The sales contract and invoice shall correspond one by one, and the purchase invoice of each provincial seller shall be provided by each seller in each quarter of the year. The information of sales scope, time, amount and contract counterpart shall be specially refined and listed one by one. Such evidence can be provided within a specific time or geographical scope, such as proof of sale of the address or business area of the infringing party, to prove that the other party is clearly aware of the situation of the right holder's trademark. Evidence of e-commerce sales, distribution contracts signed by Jingdong, Tmall and other e-commerce platforms, corresponding VAT special invoices, brand sales records, analysis statistics, sales rankings and other evidence provided by e-commerce.

The foreign right holder may also provide import and export evidence, such as the right holder's import and export goods declaration form, entry-exit inspection and quarantine health certificate, special payment letter for import and export duties and other import and export certificates containing the Chinese Customs seal.

In the case that the foreign right holder has some reputation in his country, but his trademark brand has just entered China or is preparing to access to the Chinese market, and the evidence of the right holder's use of the trademark, sales and publicity of the product in China is not sufficient, how to provide more evidence of reputation/use to support it:

1) The creative origin of the trademark, the design concept; 

2) The earliest use time of the right holder's trademark in China (or abroad) is much earlier than the application date of the infringing party's trademark, suggesting that the other party's trademark is suspected of using the trademark before imitation, copying or translation; Foreign customers can provide the time of establishment of the enterprise in the country, the date of registration to prove;

3) Valid registration certificate of the right holder in China, its country, other countries and regions, and proof of the continuous use of the trademark in China or internationally; 

4) Collect a large number of domestic media reports, online reviews of domestic users and evidence of overseas purchasing and online purchasing for domestic users, and advocate the popularity of its trademark in China;

5) The business license, approval certificate, investment relationship certificate of the foreign right holder establishing a subsidiary or branch in China, which can prove the uninterrupted operation certificate, need to be proved in combination with the evidence of the use of sales and publicity trademarks. If the trademark owner licenses the use of the trademark to a third-party company in China, the legal relationship between the trademark user and the trademark registrant should be clearly defined, which can be proved through the trademark license agreement, license filing notice, trademark authorization letter, etc., and provide the qualification certificate of the trademark user, email correspondence, etc. Invoices issued by foreign enterprises need to be notarized and certified in foreign countries, bills of lading, bank statements, import and export credentials, etc.